Works processed through a responsible declaration in Marbella

CONSTRUCTION

May 24

Written By Francisco Javier Muñoz Fuentes

Although in previous posts we have already explained everything you need to know about the different types of building licenses that exist in Marbella (as well as the procedure to follow and the documentation to present for each of them), this time we are going to go into defining in depth one of these authorization procedures: the responsible declaration in Marbella.

The responsible declaration is a relatively new procedure that brings great benefits to individuals, since it allows the long waiting times that the administration usually takes to grant us a work license to be reduced to practically zero. That is why in this post we want to explain in depth what a responsible statement is, what are all the cases in which the responsible statement can be used and what documentation must be gathered.

Even so, we recommend that at all times you let yourself be guided by an Architect who helps you in the processing process since, in addition to being in charge of preparing the technical project (in case this is necessary), he can advise you throughout the process

WHAT IS THE RESPONSIBLE DECLARATION?

The responsible declaration is a “document signed by the applicant, which normally accompanies the main instance at the beginning of a file for the exercise of an activity, in which it declares, under its responsibility, that it meets all the requirements demanded by normative". Unlike the license, with the responsible declaration we do not need any type of response from the Administration, but, from the moment of its presentation, we can start the activity that we have requested.

ACTIONS SUBJECT TO A RESPONSIBLE DECLARATION

In a generic way, works of little technical entity that do not require a technical project and that refer to conservation and maintenance works, reforms in existing buildings or other actions that meet specific requirements can be processed by the responsible declaration procedure.

In the case of Marbella, the works submitted for a responsible declaration are divided into three types:

Actions that do not require technical documentation.
Actions that require the presentation of a descriptive and graphic document (and where an Architect must necessarily participate).
Actions that require a project visa (which can only be processed by means of a responsible declaration in specific cases).

ACTIONS THAT DO NOT REQUIRE TECHNICAL DOCUMENTATION

Coatings and finishes (paint) that do not exceed an area of 500m² and that do not require means to work at height.
Indoor installations of buildings (electricity, sanitation water ...) that affect only a home or premises with a surface area of less than 300m²
Cleaning and clearing of sites that do not involve earth movements.
Fencing of lots by posts and metal fence.
Maintenance and conservation works for swimming pools and sports courts.
Punctual repair of flat roofs, terraces or balconies (provided that no means are needed to work at height).
Improvement and reinforcement of insulation in walls and floors.
Placement of new interior carpentry.

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ACTIONS THAT REQUIRE A DESCRIPTIVE AND GRAPHIC DOCUMENT

Adaptation and conditioning of commercial premises (with an area of less than 750m²) as long as it does not have an impact on the heritage, nor is it located in a property in the public domain.
Coatings and finishes (paint) that if they exceed the surface of 500m² or that require means to work at height.
Construction of interior stairs and elevators (that do not require a project).
Changes in the interior layout that do not alter existing uses or exceed 1,000m² of partition walls.
Demolitions of buildings with a constructed area of up to 500m².
Small buildings that are not for residential or public use and do not exceed 20m² of constructed area.
Construction of plot enclosures to private boundaries.
Installation, reform or replacement of photovoltaic solar panel installations.

ACTIONS THAT REQUIRE THE VISA PROJECT

These works may only be authorized by means of a responsible declaration when they are carried out on consolidated urban land and on buildings that are in accordance with urban planning (that is, irregular homes or in a situation of assimilated to out of planning could not carry out these actions through a responsible declaration) .

Opening of holes or repair of structural or load-bearing walls.
Construction of elevators.
Modification of roofs when the general exterior composition of the building changes.
Indoor installations of buildings provided that they exceed a surface area of 1,000m².
Changes in the interior distribution that altered existing uses or that the surface is greater than 1,000m².

WHAT DOCUMENTATION MUST BE PRESENTED?

Minimum Mandatory Documentation

At a minimum, regardless of the type of responsible declaration to which my action is subject, it will be necessary to present:

Documentation that proves the personality of the declarant (DNI, power of attorney ...)
Proof of having paid the corresponding Fee, as well as the ICIO.
Guarantee to guarantee the correct management of construction waste.

Technical Documentation

In the case of works submitted to a responsible declaration that require a project visa, it will be necessary to present the following documents (unless some of them are not necessary according to the specific action): Memory, Plans, Budget, Health and safety study (or study basic safety and health), construction and demolition waste management study.

In the event that it is not necessary to present a visa project, it will be sufficient to present a descriptive-graphic memory (with sketches, photographs, plans ... that are necessary depending on the action).

In both cases, you must have an Architect who will be in charge of preparing said documentation and carrying out all the procedures for the declaration of responsibility.

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